30 N.J. Eq. 564 | New York Court of Chancery | 1879
The complainant seeks, by this suit, to restrain the prosecution of certain suits at law, and to compel the surrender and cancellation of the promissory notes on which those suits are founded.
John Smith, of Readington township, Hunterdon county, died intestate, March 19th, 1875. For some years prior to his death his family consisted of himself, two unmarried daughters and a son. On the 13th of March, just six days before his death, and while he was suffering from the sickness of which he died, he made the notes in controversy, being one to each of his three children living at home.
After the intestate’s death, the notes were returned.to the person who wrote them, and he then added an attestation clause to each, and signed them as subscribing witness. The intestate left seven children, of whom the complainant is one. Four of them, very shortly after they were notified of the existence of the notes, objected to their payment. Actions were subsequently brought against the administrator, and the main purpose of the present suit is to have those suits perpetually enjoined.
If the notes were intended as gifts, they are of no more value than blank paper. This is the settled law of this state.
Mr. Justice Van Syckel, speaking for the court of errors and appeals, in Voorhees v. Woodhull’s ex’rs, 4 Vr. 494, 498, said: “ The note of the donor is not, like the note of a third person, the subject of a gift. It is a mere promise, and can no more be recovered upon as a gift than the unwritten promise of the donor.” The evidence leaves no room to doubt
There is nothing in the evidence which induces the belief that the parties understood, at the time the notes were made, that the relation of debtor and creditor, or employe and employer, existed between them; but,.on the contrary, the circumstances show, quite clearly, that the intestate intended the notes as mere expressions of his bounty. The payees have not attempted, by their own oaths, to show an express contract, or any circumstances from which a promise to pay can be inferred. The weight of the evidence proves that, soon after the testator’s death, the person who wrote the notes stated that the intestate intended the notes should be surrendered to him in case he recovered. That was, obviously, a part of the scheme. He manifestly intended that each of the three payees should have $600 more of his estate than the other children, in case he died; but he did not intend to become their debtor in these sums
The power of this court to decree the surrender of an invalid or worthless bond, or other instrument, even though a complete defence at law exists, cannot be questioned at this day. If a suit at law has already been brought, this court will not arbitrarily or causelessly change the forum of litigation, but if adequate relief cannot be given at law, or if the defence is of a character that cannot be urged at law •without embarrassment and hazard, this court will take jurisdiction and give suitable relief. Cornish v. Bryan, 2 Stock. 146. “ The resort to equity, to be sustained,” said Chancellor Kent, “ must be expedient, either because the instrument is liable to abuse from its negotiable nature, or because the defence, not arising on its face, may be difficult or uncertain at law, or from some other special circumstances peculiar to the ease, and rendering a resort to equity highly proper, and clear of all suspicion of any design to promote expense and litigation.” Hamilton v. Cummings, 1 Johns. Ch. 523. Both this court and the court of errors and appeals have declared, that a proper case for equitable relief is presented when it is shown that a suit at law is pending against the representative of a dead person, on a worthless negotiable instrument, not void on its face; for it is said the plaintiff may, when warned that his right to recover will be resisted, discontinue his suit at law, or suffer a nonsuit, defer a subsequent suit until the evidence of the defence is lost, and then sue either the personal representative, or the heir, or devisee, and recover upon mere proof of the papers. In such a ease it is obvious no relief short of the destruction or cancellation of the instrument affords full protection. Metler’s adm’rs v. Metler, 3 C. E. Gr. 270; Metler v. Metler’s adm’rs, 4 C. E. Gr. 457.
These adjudications must rule this case. The equities of the present complainant are much stronger than were those of the suitor in the case just cited.
The plaintiffs in the suits at law must pay the complainant’s' costs.